Gujarat High Court
General Manager, Oil And Natural Gas ... vs Vanmalidas Maganbhai Patel on 28 April, 2025
NEUTRAL CITATION
C/CA/5631/2024 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5631 of
2024
In F/FIRST APPEAL NO. 32264 of 2024
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GENERAL MANAGER, OIL AND NATURAL GAS CORPORATION LTD.
Versus
VANMALIDAS MAGANBHAI PATEL & ANR.
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Appearance:
MR AJAY R MEHTA(453) for the Applicant(s) No. 1
MR MANOHAR REHVAR AGP for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 28/04/2025
ORAL ORDER
Heard Mr.Ajay R Mehta, learned Advocate on record for the
applicant - Corporation. Pursuant to the order dated 28/11/2024
passed by this Court, Rule issued upon the respondents has been
duly served. Respondent no.1 though being granted sufficient
opportunity has chose not to enter his appearance or to contest the
present application. At the outset, learned Advocate appearing for
the applicant has invited my attention to the averments made in the
application and has submitted that the delay is attributed due to the
administrative exigencies. The fact that the record of the case was
not traceable and large number of matters are otherwise required to
NEUTRAL CITATION
C/CA/5631/2024 ORDER DATED: 28/04/2025
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be dealt with by the Legal Department and the concerned section of
the Corporation, time was consumed in approaching this Court. He
has therefore submitted that the Court may take liberal approach as
refusing to condone the delay would result into meritorious matter
being thrown out at the threshold without there being adjudication
on merits of the case. According to learned advocate for the
applicant he has good case on merits. He has therefore urged this
Court to condone the delay.
2. Considering the aforesaid submissions made by learned
advocate for the applicant and noticing the averments made in this
application as reproduced herein under, this Court is inclined to
exercise the discretion.
"6. The Judgment was pronounced on 28.12.2023 and
pursuant thereto award was drawn on 05.01.2024. The panel
advocate applied for certified copy on 16.01.2024. The
certified copy was ready for delivery on 10.05.2024 and
delivery thereof was taken on 15.05.2024. There is a delay of
about 5 days in this process. The panel advocate had sent the
papers and certified copies on 21.05.2024 which was received
by the Corporation on 10.06.2024 and received by LAQ
NEUTRAL CITATION
C/CA/5631/2024 ORDER DATED: 28/04/2025
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section on 29.06.2024. As the record was old, efforts were
made by the LAQ Section to trace SPLAO award within
ONGC and SPLAO office multiple times and finally could
locate it only on 30.08.2024. The LAQ Section processed the
papers and sent to the Legal Department on 17.09.2024.
There is a delay of 107 days on the part of LAQ Section in
locating the papers and forwarding the same. The Legal
Department received the papers on 19.09.2024. The Legal
Department opined to prefer an appeal on 26.09.2024. The
competent authority granted approval on 30.09.2024 and
competent authority also granted approval for filing appeal.
Approval to appoint the advocate was given on 08.10.2024
and the papers were sent to the High Court advocate on
15.10.2024. The High Court Advocate drafted the appeal
memos and civil applications for stay and filed the same on
16.11.2024. In the circumstances, there is a delay of 4 days in
preferring appeal. The delay was mainly caused due to
administrative exigencies and the fact that record of the case
could not be traced and also fact that large number of matters
were required to be dealt with by the Legal Department and
Land Acquisition Section of the Corporation. The delay was
also caused due to the fact that approval from various
departments are required to be taken before taking a final
decision to prefer the appeal."
NEUTRAL CITATION
C/CA/5631/2024 ORDER DATED: 28/04/2025
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3. The delay of 84 days caused in preferring the captioned appeal
is hereby condoned. Rule is made absolute. Registry to give the
Pakka number and to notify the First Appeal in due course.
(NISHA M. THAKORE,J)
sompura
